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Mississippi Certification

Clean Air Act Section 110(a)(1) and (2)

Ozone Requirements

This certification addresses Mississippi’s obligations under Section 110(a)(1) and (2) of 

the Clean Air Act for the Ozone National Ambient Air Quality Standards (NAAQS). The 

following state regulations are part of the State Implementation Plan (SIP) and are 

referred to in this document:

APC-S-1 Mississippi Commission on Environmental Quality

“Air Emission Regulations for the Prevention, Abatement, and 

Control of Air Contaminants”

APC-S-2 Mississippi Commission on Environmental Quality

“Permit Regulation for the Construction and/or Operation of Air 

Emissions Equipment”

APC-S-3 Mississippi Commission on Environmental Quality

“Mississippi Regulations for the Prevention of Air Pollution 

Emergency Episodes”

APC-S-5 Mississippi Commission on Environmental Quality

“Mississippi Regulations for the Prevention of Significant 

Deterioration of Air Quality”

Appendix A-9 Mississippi Code Title 49

Appendix A-10 State Ethics Law as of July 1, 2011 (Mississippi Code Title 25, 

Chapter 4) and Mississippi Ethics Commission Advisory Opinion 

No. 95-042-E, May 5, 1995

Appendix A-11 State Constitution Provisions as of July 1, 2011

Appendix R State Implementation Plan Revision Regarding Regional Haze 

Program Requirements: SIP Narrative Addressing Visibility 

Improvement in Federal Class I Areas
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Section 110(a)(1)

Each State shall, after reasonable notice and public hearings, adopt and submit to the 

Administrator, within 3 years (or such shorter period as the Administrator may 

prescribe) after the promulgation of a national primary ambient air quality standard (or 

any revision thereof) under section 109 of this title for any air pollutant, a plan which 

provides for implementation, maintenance, and enforcement of such primary standard in 

each air quality control region (or portion thereof) within such State. In addition, such 

State shall adopt and submit to the Administrator (either as a part of a plan submitted 

under the preceding sentence or separately) within 3 years (or such shorter period as the 

Administrator may prescribe) after the promulgation of a national ambient air quality 

secondary standard (or revision thereof), a plan which provides for implementation, 

maintenance, and enforcement of such secondary standard in each air quality control 

region (or portion thereof) within such State. Unless a separate public hearing is 

provided, each State shall consider its plan implementing such secondary standard at the 

hearing required by the first sentence of this paragraph.

The submittal of this State Implementation Plan for Mississippi will satisfy the 

requirements listed above for the primary and secondary ozone standards.

Section 110(a)(2)(A)

Include enforceable emission limitations and other control measures, means, or 

techniques (including economic incentives such as fees, marketable permits, and auctions 

of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter.

SIP Appendix A-9, Section 49-17-17(h), provides the Mississippi Department of 

Environmental Quality (MDEQ) the ability to adopt, modify, or repeal and promulgate 

ambient air quality standards and emission standards for the state under such conditions 

as the Mississippi Commission on Environmental Quality (Commission) may prescribe 

for the prevention, control, and abatement of pollution.

Section 110(a)(2)(B)

Provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to—

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator.

SIP Appendix A-9 Section 49-17-17(g) provides MDEQ with the necessary statutory 

authority to collect and disseminate information relating to air quality and pollution and 

the prevention, control, supervision, and abatement thereof. As of the date of this 

infrastructure submittal, the development of the ozone monitoring network is ongoing; 

therefore, Mississippi’s SO2 monitoring strategy will be established per the requirements 
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set forth in the 2012 and any subsequent Annual Monitoring Network plan relevant to the 

development of the State’s ozone monitoring network.

Section 110(a)(2)(C)

Include a program to provide for the enforcement of the measures described in 

subparagraph (A), and regulation of the modification and construction of any stationary 

source within the areas covered by the plan as necessary to assure that national ambient 

air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter.

SIP Sections APC-S-5 and APC-S-2, Section V. apply to the construction of any new 

major stationary source or any existing major stationary sources. SIP Section APC-S-2, 

Section VI. provides for the enforcement of measures described in Section 110(a)(2)(A). 

SIP Section APC-S-2, Section I.D. lists permitting requirements including those for 

minor new source review permitting. SIP Section APC-S-2, Section II.A. requires that 

no permit shall be issued unless the applicant has complied with applicable requirements 

from APC-S-4 (Ambient Air Quality Standards) including the ozone National Ambient 

Air Quality Standards. The APC-S-4 regulations were updated on October 24, 2013, 

using a new regulatory numbering system. Those regulations are shown here.

Section 110(a)(2)(D)

Contain adequate provisions—

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type 

of emissions activity within the State from emitting any air pollutant in amounts which 

will—

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air quality 

standard, or 

(II) interfere with measures required to be included in the applicable implementation 

plan for any other State under part C of this subchapter to prevent significant 

deterioration of air quality or to protect visibility

1. Contribute significantly to nonattainment of NAAQS for areas in another state 

(Prong 1).

Mississippi is not required to address this section.

2. Interfere with maintenance of NAAQS by any other State (Prong 2).

Mississippi is not required to address this section.

3. Interfere with measures required to meet the Implementation Plan for any 

other State related to Prevention of Significant Deterioration (Prong 3).
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SIP Section APC-S-5 reference federal PSD requirements that are applicable 

to new major sources and major modifications. The EPA approved the 

revision to the SIP incorporating nitrogen oxides as an ozone precursor on 

December 20, 2010 (75 FR 79300).

4. Interfere with measures required to meet the implementation plan for any 

other State related to Regional Haze and Visibility (Prong 4).

In proposed rulemaking listed in the Federal Register on February 20, 2013 

[78-FR-11805], EPA stated that Mississippi’s regional haze SIP (SIP 

Appendix R), which EPA had given a limited approval in combination with its 

SIP provisions to implement CAIR adequately, prevents sources from 

interfering with measures adopted by other states to protect visibility.

(ii) Each such Plan shall [...] contain adequate provisions insuring compliance 

with the applicable requirements of sections 115 and 126(b) that involve ozone 

precursor emissions (relating to interstate and international pollution 

abatement).” EPA has no reason to approve or disapprove any existing state 

rules with regard to these provisions.

SIP Section APC-S-5 shows where 40 CFR 51.166 was adopted by reference into 

the SIP. These regulations require notification of potential impacts from new or 

modified sources to state and local agencies of neighboring states. Therefore, the 

SIP meets the requirements of this criterion.

Section 110(a)(2)(E)

Provide

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof).

SIP Appendix A-9, Section 49-17-17(d), grants MDEQ statutory authority to accept and

administer laws and grants from the federal government and from other sources, public 

and private, for carrying out any of its functions, which loans and grants shall not be 

expended for other than the purposes for which provided.

(ii) requirements that the State comply with the requirements respecting State boards 

under section 128 of this title. 

EPA proposed to approve in part, and disapprove in part, a draft revision of this section 

for the 1997 annual and 2006 24-hour PM2.5 NAAQS infrastructure SIP submitted by 
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MDEQ on July 13, 2012. EPA proposed to approve the MDEQ submission as it related 

to the public interest requirements of Clean Air Act (CAA) Section 128(a)(1) and the 

conflict of interest disclosure provisions of CAA Section 128(a)(2). EPA also proposed 

to disapprove the submission as it pertained to compliance with the significant portion of 

income requirements of CAA Section 128(a)(1). These EPA actions are detailed in 

Federal Register Vol. 77, No. 154, 47573. The MDEQ submission is stated below.

SIP Appendix A-9, Section 49-17-17(a), states that the Mississippi Commission on 

Environmental Quality shall have powers and duties to issue and supervise enforcement 

orders. SIP Appendix A-9, Section 49-17-28, states the Mississippi Department of 

Environmental Quality (MDEQ) Permit Board has the power to issue, modify, revoke, or 

deny permits. These are the only boards that have authorization to issue enforcement 

orders and permits.

MDEQ is proposing that provisions of the Mississippi State Constitution and of the 

Mississippi Code are substantially equivalent to the requirements of the Federal Program 

by providing for unbiased decisions of the Commission on all matters, including final 

decisions on permits, and the disclosure of any potential conflicts of interest. 

SIP Appendix A-11, Article 4, Section 109 of the Mississippi Constitution provides “No 

public officer or member of the legislature shall be interested, directly or indirectly, in 

any contract with the state, or any district, county, city, or town thereof, authorized by 

any law passed or order made by any board of which he may be or may have been a 

member, during the term for which he shall have been chosen, or within one year after 

the expiration of such term.” Simply being a commission member constitutes a violation 

of Constitutional Section 109 regardless of voting or not voting if the interest being voted 

on is a contract prohibited by the provision. Thus, there can be no Commission member 

with any interest in a governmental contract with the agency. 

In addition to the Constitutional prohibition, Mississippi has an ethical charter set forth in 

SIP Appendix A-10 Mississippi Code Section 25-4-101, et. seq. These Code sections 

define the terms used and prohibit conflicts of interests by Commission members. 

SIP Appendix A-10 Mississippi Code Section 25-4-103 provides the following 

definitions, in pertinent part: 

(b) “Benefit” means any gain or advantage to the beneficiary, 

including any gain or advantage to a third person pursuant to the 

desire or consent of the beneficiary. 

(c) “Business” means any corporation, partnership, sole 

proprietorship, firm, enterprise, franchise, association, 

organization, holding company, self-employed individual, jointstock company, receivership, trust or other legal entity or 

undertaking organized for economic gain, a nonprofit corporation 
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or other such entity, association or organization receiving public 

funds. 

(d) “Business with which he is associated” means any business of 

which a public servant or his relative is an officer, director, owner, 

partner, employee or is a holder of more than ten percent (10%) of 

the fair market value or from which he or his relative derives more 

than Two Thousand Five Hundred Dollars ($2,500.00) in annual 

income or over which such public servant or his relative exercises 

control. 

(f) “Contract” means: 

(i) Any agreement to which the government is a party; 

or 

(ii) Any agreement on behalf of the government which 

involves the payment of public funds. 

(g) “Government” means the state and all political entities thereof, 

both collectively and separately, including, but not limited to: 

(v) Any department, agency, board, commission, 

institution, instrumentality, or legislative or 

administrative body of the state, counties or 

municipalities created by statute, ordinance or 

executive order including all units that expend 

public funds. 

(h) “Governmental entity” means the state, a county, a municipality or 

any other separate political subdivision authorized by law to 

exercise a part of the sovereign power of the state. 

(l) “Pecuniary benefit” means benefit in the form of money, property, 

commercial interests or anything else the primary significance of 

which is economic gain. Expenses associated with social occasions 

afforded public servants shall not be deemed a pecuniary benefit. 

(p) “Public servant” means: 

(i) Any elected or appointed official of the 

government; 

(ii) Any officer, director, commissioner, supervisor, 

chief, head, agent or employee of the government or 

any agency thereof, or of any public entity created 
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by or under the laws of the State of Mississippi or 

created by an agency or governmental entity 

thereof, any of which is funded by public funds or 

which expends, authorizes or recommends the use 

of public funds; or 

(iii) Any individual who receives a salary, per diem or 

expenses paid in whole or in part out of funds 

authorized to be expended by the government. 

SIP Appendix A-10 Mississippi Code Sections 25-4-105(1), (3) and (5) state, in pertinent 

part:

(1) No public servant shall use his official position to obtain, or 

attempt to obtain, pecuniary benefit for himself other than that 

compensation provided for by law, or to obtain, or attempt to 

obtain, pecuniary benefit for any relative or any business with 

which he is associated.

(3) No public servant shall:

(d) Perform any service for any compensation during 

his term of office or employment by which he 

attempts to influence a decision of the authority of 

the governmental entity of which he is a member. 

(5) No person may intentionally use or disclose information gained in 

the course of or by reason of his official position or employment as 

a public servant in any way that could result in pecuniary benefit 

for himself, any relative, or any other person, if the information has 

not been communicated to the public or is not public information.

The interests of each of the Board member are made public by the required filing 

of a statement of economic interest pursuant to SIP Appendix A-10 Mississippi 

Code Section 25-4-25, which provides in pertinent part:

Each of the following individuals shall file a statement of economic 

interest with the commission in accordance with the provisions of this 

chapter:

(e) Members of any state board, commission or agency, including the 

Mississippi Ethics Commission, charged with the administration or 

expenditure of public funds, with the exception of advisory boards 

or commissions; provided, however, in order to fulfill the 

legislative purposes of this chapter, the commission may require, 
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upon a majority vote, the filing of a statement of economic interest 

by members of an advisory board or commission; 

(f) Executive directors, heads, or members of any board, committee, 

commission or council of any of the following entities, by 

whatever name designated: 

The application of the above referenced statutes has been addressed by the Mississippi 

Ethics Commission in SIP Appendix A-10 Advisory Opinion 95-042-E, as follows:

State commission members [should] not use their official positions 

to obtain a pecuniary benefit for themselves, their relatives or any business 

with which they are associated in violation of SIP Appendix A-10 Code 

Section 25-4-105(1).

Public servants must keep the performance of their official duties 

entirely separate and distinct from any private interests. In order for the 

private interests to remain separate and distinct, public servants must 

recuse themselves from discussing or acting on any subject matter in 

which they have a pecuniary interest.

A proper recusal occurs when the public servant totally removes 

himself or herself from the pertinent matter by not officially or 

unofficially taking part or action regarding the subject matter and leaves 

the room or area where such discussions, considerations or actions take 

place. The minutes of the state commission should state that the member 

left the meeting by showing him or her absent for that matter.

A commission member(s) should not vote on or take part in a 

matter concerning regulations or licensing restrictions that would affect 

the pecuniary interest and/or benefit of the commission member, a relative 

or a business in which he or she is associated.

Violations of SIP Appendix A-10 Code Section 25-4-105 are punishable in accordance 

with SIP Appendix A-10 Code Section 25-4-109, which provides in pertinent part:

(1) Upon a finding by clear and convincing evidence that any elected 

public servant or other person has violated any provision of this 

article, the commission may censure the elected public servant or 

impose a civil fine of not more than Ten Thousand Dollars 

($10,000.00), or both. The commission may further recommend to 

the Circuit Court for Hinds County that the elected public servant 

be removed from office.

(2) Upon a finding by clear and convincing evidence that any 

nonelected public servant has violated any provision of this article, 
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the commission may censure the nonelected public servant or 

impose a civil fine of not more than Ten Thousand Dollars 

($10,000.00), or both. The commission may further recommend to 

the Circuit Court for Hinds County that the nonelected public 

servant be removed from office, suspended, or subjected to a

demotion or reduction in pay.

(3) The commission may order restitution or other equitable or legal 

remedies to recover public funds or property unlawfully taken, as 

well as unjust enrichment, although not public funds. Any 

pecuniary benefit received by a public servant in violation of this 

article may be declared forfeited by the commission for the benefit 

of the governmental entity injured.

(4) In the event a public servant does not appeal the decision or 

recommendation of the commission, the commission may petition 

the Circuit Court for Hinds County for the removal, suspension, 

demotion or reduction of pay of the public servant as provided by 

law.

Under the provisions of its Ethics laws, members of the Mississippi Commission on 

Environmental Quality and the MDEQ Permit Board are considered public servants, 

bound by all the provisions of the State’s Ethics laws. It is clear that members of the 

Commission and Permit Board are prohibited taking any action in their personal interests, 

on penalty of removal, sanction, fines and restitution orders.

MDEQ is proposing that SIP Appendix A-10 Code Section 25-4-25, as stated above, SIP 

Appendix A-10 Code Sections 25-4-27 and 25-4-29 meet the requirements of Clean Air 

Act Section 128(a)(2). As aforestated, SIP Appendix A-10 Code Section 24-4-25 

provides for the filing of a statement of economic interest by every Commission member. 

SIP Appendix A-10 Code Section 25-4-27(a) through (f) define the information required 

to be submitted by filers of the statement of economic interest. The MDEQ Executive 

Director, the Mississippi Commission on Environmental Quality, and the MDEQ Permit 

Board are required to file such statements. The failure to file such a statement is 

addressed in SIP Appendix A-10 Code Section 25-4-29(2), which sets a monetary penalty 

for failing to file.

(i) Mississippi proposes that the combination of SIP Appendix A-11Mississippi 

Constitution, Article 4, Section 109, and the SIP Appendix A-10 Mississippi Code 

Sections of the State’s ethical charter is substantially equivalent to the requirements 

of the Federal program by providing for unbiased decisions of the Board on all 

matters, including final decisions on permits, and the disclosure of any potential 

conflicts of interest.

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan 
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provision, the State has responsibility for ensuring adequate implementation of such 

plan provision

SIP Appendix A-9, Section 49-17-17(h), provides for authority under State law to carry 

out its SIP and related issues. The State does not rely on a local regional government, 

agency, or instrumentality for the implementation of any plan provision.

Section 110(a)(2)(F)

Require, as may be prescribed by the Administrator—

(i) the installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources,

SIP Appendix A-9, Section 49-17-21, states that the Commission may require the 

installation, maintenance, and use of such monitoring equipment and methods at such 

locations and intervals as the Commission deems necessary.

(ii) periodic reports on the nature and amounts of emissions and emissions-related 

data from such sources, and 

SIP Section APC-S-2, Section VI lists requirements for compliance testing and reporting 

that is required to be included in any MDEQ air pollution permit.

(iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public inspection.

SIP Appendix A-9, Section 49-17-21, states that MDEQ has the authority to require the 

maintenance of records related to the operation of air contaminant sources and any 

authorized representative of the Commission may examine and copy any such records or 

memoranda pertaining to the operation of such contaminant source. SIP Section APC-S2, Section IX requires that copies of records relating to the operation of air contamination 

sources shall be submitted to the Permit Board as required by the permit or upon request.

Section 110(a)(2)(G)

Provide for authority comparable to that in section 303 of this title and adequate 

contingency plans to implement such authority.

SIP Appendix A-9, Section 49-17-27, states that in the event an emergency is found to 

exist by the Commission, it may issue an emergency order as circumstances may require. 

SIP Section APC-S-3 states then the MDEQ Director determines that an Air Pollution 

Emergency Episode condition exists at one or more monitoring sites solely because of 

emissions from a limited number of sources, he may order such source or sources to put 
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into effect the emission control programs which are applicable for each episode stage. 

SIP Section APC-S-3 also lists regulations to prevent the excessive buildup of air 

pollutants during air pollution episodes.

Section 110(a)(2)(H)

Provide for revision of such plan—

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter.

(i) SIP Appendix A-9, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP to accommodate changes to the NAAQS.

(ii) SIP Appendix A-9, Section 49-17-17(h) provides MDEQ with the necessary 

statutory authority to revise the SIP if the Administrator finds the plan to be 

substantially inadequate to attain the NAAQS.

Section 110(a)(2)(I)

In the case of a plan or plan revision for an area designated as a nonattainment area, 

meet the applicable requirements of part D of this subchapter (relating to nonattainment 

areas).

Mississippi is not required to address these requirements.

Section 110(a)(2)(J)

Meet the applicable requirements of section 121 of this title (relating to consultation), 

section 127 of this title (relating to public notification), and part C of this subchapter 

(relating to prevention of significant deterioration of air quality and visibility protection).

SIP Section APC-S-5, in addition to provisions in separate implementation plans (such as 

SIP Appendix R) provide for continued consultation with government officials. SIP 

Appendix A-9, Section 49-17-17(c), provides MDEQ with the necessary statutory 

authority to advise, consult, cooperate, or enter into contracts, grants, and cooperative 

agreements with any federal or state agency or subdivision thereof.

MDEQ has public notice mechanisms in place to notify the public of ozone. Certain 

regulatory actions may also be published in newspapers and/or public hearings. SIP 
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Section APC-S-3 requires that MDEQ notify the public of any air pollution alert, 

warning, or emergency.

SIP Section APC-S-5 addresses PSD applicable requirements of Part C.

SIP Appendix R addresses visibility protection applicable requirements of Part C.

Section 110(a)(2)(K)

Provide for—

(i) the performance of such air quality modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator.

SIP Sections APC-S-2, V.B. and APC-S-5 require that air modeling be conducted to 

determine permit applicability.

Section 110(a)(2)(L)

Require the owner or operator of each major stationary source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to 

cover—

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any enforcement action), 

until such fee requirement is superseded with respect to such sources by the 

Administrator’s approval of a fee program under subchapter V of this chapter.

SIP Appendix A-9, Section 49-17-30, provides for the assessment of Title V permit fees 

to cover these costs. SIP Appendix A-9, Section 49-2-9(c) authorizes MDEQ to apply 

for, receive, and expend federal or state funds in order to operate its programs. MDEQ 

uses state legislative appropriations, federal 105 grant funds, and Title V fees for the 

reasonable cost of review, approval, implementation, and enforcement of all air 

permitting programs. SIP Appendix A-9, Section 49-17-14 allows MDEQ to expend or 

utilize monies in the Mississippi Air Operating Permit Program Fee Trust Fund to pay all 

reasonable direct and indirect costs associated with the development and administration 

of the Title V program including, but not limited to, the reasonable costs of performing 

activities related to the Title V program. These funding mechanisms reflect the 

reasonable cost of review, approval, implementation, and enforcement of the state’s air 
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permitting program. The Title V operating program fees cover the reasonable cost of 

implementation and enforcement of PSD permits after they have been issued.

Section 110(a)(2)(M)

Provide for consultation and participation by local political subdivisions affected by the 

plan.

SIP Appendix A-9, Section 49-17-17(c), gives the Commission the statutory authority to 

advise and consult with any political subdivisions in the State. SIP Appendix A-9, 

Section 49-17-19(b) requires the Commission to conduct public hearings in accordance 

with EPA regulations prior to establishing, amending, or repealing standards of air 

quality. SIP Appendix R is an example of providing for consultation and participation 

with local entities.